(영문) 대구지방법원 포항지원 2020.06.09 2020고단400



The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

[Criminal Power] On January 2, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and issued a summary order of KRW 5 million for the same crime on January 4, 2016 at the Port Branch of the Daegu District Court.

【Criminal Facts】

On March 10, 2020, around 05:13, the Defendant driven a motor vehicle E in the state of alcohol alcohol concentration of about 0.227% at the 20-meter section from the front of the road located in the north-gu, Mapo-si B to the intersection of D apartment to the crosswalk.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, and the records of punishment four times as fines for driving under the influence of alcohol, refusing to measure alcohol, and making a fine for non-licensed driving prior to the instant case);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended execution);

1. Order to attend lectures under Article 62-2 of the Criminal Act;